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AN ACT
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relating to designating certain synthetic cannabinoids as |
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controlled substances under the Texas Controlled Substances Act; |
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providing penalties and establishing certain criminal consequences |
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or procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1031 to read as follows: |
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Sec. 481.1031. PENALTY GROUP 2-A. Penalty Group 2-A |
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consists of any quantity of a synthetic chemical compound that is a |
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cannabinoid receptor agonist and mimics the pharmacological effect |
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of naturally occurring cannabinoids, including: |
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naphthoylindoles structurally derived from |
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3-(1-naphthoyl)indole by substitution at the nitrogen atom of the |
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indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
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or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
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the indole ring to any extent, whether or not substituted in the |
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napthyl ring to any extent, including: |
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AM-2201; |
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JWH-004; |
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JWH-007; |
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JWH-009; |
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JWH-015; |
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JWH-016; |
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JWH-018; |
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JWH-019; |
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JWH-020; |
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JWH-046; |
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JWH-047; |
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JWH-048; |
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JWH-049; |
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JWH-050; |
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JWH-073; |
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JWH-076; |
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JWH-079; |
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JWH-080; |
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JWH-081; |
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JWH-082; |
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JWH-083; |
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JWH-093; |
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JWH-094; |
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JWH-095; |
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JWH-096; |
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JWH-097; |
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JWH-098; |
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JWH-099; |
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JWH-100; |
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JWH-116; |
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JWH-122; |
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JWH-148; |
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JWH-149; |
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JWH-153; |
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JWH-159; |
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JWH-164; |
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JWH-165; |
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JWH-166; |
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JWH-180; |
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JWH-181; |
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JWH-182; |
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JWH-189; |
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JWH-193; |
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JWH-198; |
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JWH-200; |
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JWH-210; |
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JWH-211; |
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JWH-212; |
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JWH-213; |
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JWH-234; |
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JWH-235; |
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JWH-239; |
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JWH-240; |
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JWH-241; |
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JWH-242; |
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JWH-258; |
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JWH-259; |
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JWH-260; |
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JWH-262; |
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JWH-267; |
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JWH-386; |
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JWH-387; |
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JWH-394; |
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JWH-395; |
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JWH-397; |
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JWH-398; |
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JWH-399; |
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JWH-400; |
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JWH-412; |
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JWH-413; and |
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JWH-414; |
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naphthylmethylindones structurally derived from |
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1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen |
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atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, |
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further |
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substituted in the indole ring to any extent, whether or not |
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substituted in the naphthyl ring to any extent, including: |
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JWH-175; |
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JWH-184; |
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JWH-185; |
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JWH-192; |
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JWH-194; |
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JWH-195; |
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JWH-196; |
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JWH-197; and |
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JWH-199; |
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naphthoylpyrroles structurally derived from |
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3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the |
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pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, |
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or 2-(4-morpholinyl)ethyl, whether or not further substituted in |
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the pyrrole ring to any extent, whether or not substituted in the |
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naphthyl ring to any extent, including: |
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JWH-030; |
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JWH-145; |
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JWH-146; |
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JWH-147; |
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JWH-150; |
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JWH-156; |
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JWH-243; |
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JWH-244; |
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JWH-245; |
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JWH-246; |
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JWH-292; |
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JWH-293; |
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JWH-307; |
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JWH-308; |
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JWH-309; |
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JWH-346; |
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JWH-347; |
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JWH-348; |
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JWH-363; |
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JWH-364; |
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JWH-365; |
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JWH-366; |
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JWH-367; |
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JWH-368; |
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JWH-369; |
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JWH-370; |
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JWH-371; |
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JWH-372; |
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JWH-373; and |
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JWH-392; |
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naphthylmethylindenes structurally derived from |
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1-(1-naphthylmethyl)indene by substitution at the 3-position of |
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the indene ring by alkyl, alkenyl, cycloalkylmethyl, |
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further |
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substituted in the indene ring to any extent, whether or not |
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substituted in the naphthyl ring to any extent, including: |
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JWH-171; |
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JWH-172; |
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JWH-173; and |
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JWH-176; |
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phenylacetylindoles structurally derived from |
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3-phenylacetylindole by substitution at the nitrogen atom of the |
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indole ring with alkyl, alkenyl, cycloalkylmethyl, |
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further |
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substituted in the indole ring to any extent, whether or not |
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substituted in the phenyl ring to any extent, including: |
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AM-694; |
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AM-1241; |
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JWH-167; |
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JWH-203; |
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JWH-204; |
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JWH-205; |
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JWH-206; |
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JWH-208; |
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JWH-237; |
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JWH-248; |
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JWH-249; |
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JWH-250; |
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JWH-251; |
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JWH-252; |
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JWH-253; |
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JWH-302; |
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JWH-303; |
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JWH-305; |
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JWH-306; |
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JWH-311; |
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JWH-312; |
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JWH-313; |
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JWH-314; and |
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JWH-315; |
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cyclohexylphenols structurally derived from |
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2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of |
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the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, |
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cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not |
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substituted in the cyclohexyl ring to any extent, including: |
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CP-55,940; |
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CP-47,497; |
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analogues of CP-47,497, including VII, V, VIII, I, |
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II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; |
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JWH-337; |
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JWH-344; |
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JWH-345; and |
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JWH-405; and |
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cannabinol derivatives, except where contained in |
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marihuana, including tetrahydro derivatives of cannabinol and |
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3-alkyl homologues of cannabinol or of its tetrahydro derivatives, |
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such as: |
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Nabilone; |
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HU-210; |
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HU-211; and |
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WIN-55,212-2. |
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SECTION 2. Subsection (c), Section 481.111, Health and |
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Safety Code, is amended to read as follows: |
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(c) A person does not violate Section 481.113, 481.116, |
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481.1161, 481.121, or 481.125 if the person possesses or delivers |
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tetrahydrocannabinols or their derivatives, or drug paraphernalia |
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to be used to introduce tetrahydrocannabinols or their derivatives |
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into the human body, for use in a federally approved therapeutic |
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research program. |
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SECTION 3. The heading to Section 481.113, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF |
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SUBSTANCE IN PENALTY GROUP 2 OR 2-A. |
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SECTION 4. Subsection (a), Section 481.113, Health and |
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Safety Code, is amended to read as follows: |
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(a) Except as authorized by this chapter, a person commits |
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an offense if the person knowingly manufactures, delivers, or |
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possesses with intent to deliver a controlled substance listed in |
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Penalty Group 2 or 2-A. |
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SECTION 5. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1161 to read as follows: |
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Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY |
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GROUP 2-A. (a) Except as authorized by this chapter, a person |
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commits an offense if the person knowingly possesses a controlled |
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substance listed in Penalty Group 2-A, unless the person obtained |
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the substance directly from or under a valid prescription or order |
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of a practitioner acting in the course of professional practice. |
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(b) An offense under this section is: |
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(1) a Class B misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, two ounces or less; |
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(2) a Class A misdemeanor if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, four ounces or less but more than two |
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ounces; |
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(3) a state jail felony if the amount of the controlled |
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substance possessed is, by aggregate weight, including adulterants |
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or dilutants, five pounds or less but more than four ounces; |
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(4) a felony of the third degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 50 pounds or less but more than 5 pounds; |
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(5) a felony of the second degree if the amount of the |
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controlled substance possessed is, by aggregate weight, including |
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adulterants or dilutants, 2,000 pounds or less but more than 50 |
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pounds; and |
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(6) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 5 years, and a fine not to exceed $50,000, if the amount |
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of the controlled substance possessed is, by aggregate weight, |
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including adulterants or dilutants, more than 2,000 pounds. |
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SECTION 6. Subsections (c) and (d), Section 481.134, Health |
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and Safety Code, are amended to read as follows: |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), |
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481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or |
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(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), |
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481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is |
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increased by five years and the maximum fine for the offense is |
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doubled if it is shown on the trial of the offense that the offense |
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was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), |
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481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the |
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third degree if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 7. Subsection (d), Article 14.06, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(1) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 8. Subdivision (1), Subsection (a), Section 15, |
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Article 42.12, Code of Criminal Procedure, is amended to read as |
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follows: |
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(1) On conviction of a state jail felony under Section |
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481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), |
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481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is |
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punished under Section 12.35(a), Penal Code, the judge shall |
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suspend the imposition of the sentence and place the defendant on |
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community supervision, unless the defendant has previously been |
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convicted of a felony, other than a felony punished under Section |
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12.44(a), Penal Code, or unless the conviction resulted from an |
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adjudication of the guilt of a defendant previously placed on |
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deferred adjudication community supervision for the offense, in |
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which event the judge may suspend the imposition of the sentence and |
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place the defendant on community supervision or may order the |
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sentence to be executed. The provisions of this subdivision |
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requiring the judge to suspend the imposition of the sentence and |
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place the defendant on community supervision do not apply to a |
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defendant who: |
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(A) under Section 481.1151(b)(1), Health and |
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Safety Code, possessed more than five abuse units of the controlled |
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substance; |
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(B) under Section 481.1161(b)(3), Health and |
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Safety Code, possessed more than one pound, by aggregate weight, |
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including adulterants or dilutants, of the controlled substance; or |
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(C) under Section 481.121(b)(3), Health and |
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Safety Code, possessed more than one pound of marihuana. |
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SECTION 9. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 331 passed the Senate on |
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March 30, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 331 passed the House on |
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May 13, 2011, by the following vote: Yeas 138, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |